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PEOPLE v. BERRY

Nos. F048189, F048190.

52 Cal.Rptr.3d 634 (2006)

146 Cal.App.4th 20

The PEOPLE, Plaintiff and Respondent, v. Rickey Edward BERRY, Defendant and Appellant.

Court of Appeal of California, Fifth District.

December 22, 2006.

Attorney(s) appearing for the Case

Richard Glen Boire, Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, and Stan Cross, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

GOMES, J.

On the ground that a medical doctor recommended he use marijuana under the Compassionate Use Act of 1996(CUA), Rickey Edward Berry challenges the legality of a probation condition that requires him not to own, possess, control, or be under the influence of marijuana but that allows him to use a prescribed medicine containing...

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